Fourth Court of Appeals San Antonio, Texas July 10, 2024 No. 04-24-00031-CV IN RE Rene L. MADRIGAL, Relator Original Mandamus Proceeding 1 ORDER In this original proceeding, relator Rene L. Madrigal asserts that the trial court abused its discretion by granting real party in interest Alberto Tijerina’s motion for a new trial. We agree and conclude that the trial court abused its discretion by substituting its judgment for that of the jury and granting a new trial. We therefore conditionally grant the petition for writ of mandamus and direct the trial court to vacate its order granting a new trial. The writ of mandamus will issue only if the trial court fails to comply within ten days of the date of this opinion and order.

It is so ORDERED on July 10, 2024.

_____________________________ Liza A. Rodriguez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 10th day of July, 2024.

_____________________________ Luz Estrada, Chief Deputy Clerk

This proceeding arises out of Cause No. 2018CVA001882D1, styled Alberto Tijerina v. Rene L. Madrigal, pending in the 49th Judicial District Court, Webb County, Texas, the Honorable Jose A. Lopez presiding.